A suspended state employee approached this court claiming a statutory right to subsistence allowance pending criminal trial relief dismissed relying on compliance with statutory rules before payment.
Writ application disposed; petitioner to consider representation for subsistence allowance subject to rule compliance within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11484 of 2010
1. UMA SHANKAR RAM S/O LATE GHUR FEKAN RAM R/O VILL.- SUGAHAR,
P.O.- RASEN, P.S.- RAJPUR, DISTT.- BUXAR (BIHAR)
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, RURAL
WORKS DEPARTMENT, GOVT. OF BIHAR, VISHESHWARIYA BHAWAN, BAILEY
ROAD, PATNA
2. THE JOINT SECRETARY, RURAL WORKS DEPARTMENT, GOVT. OF BIHAR, VISHESHWARIYA BHAWAN, BAILEY ROAD, PATNA
3. THE DEPUTY SECRETARY, VIGILANCE, GOVT. OF BIHAR, VISHESHWARIYA
BHAWAN, BAILEY ROAD, PATNA
4. THE ENGINEER-IN-CHIEF, RURAL WORKS DEPARTMENT, GOVT. OF BIHAR,
VISHESHWARAIYA BHAWAN, BAILEY ROAD PATNA
5. THE CHIEF ENGINEER, RURAL WORKS DEPARTMENT, GOVT. OF BIHAR,
VISHESHWARIYA BHAWAN, BAILEY ROAD, PATNA
6. THE SUPERINTENDING ENGINEER, RURAL WORKS DEPARTMENT, RURAL WORKS CIRCLE, DARBHANGA, P.S.- DARBHANGA TOWN, DISTT.-DARBHANGA 7. THE EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANIZATION, WORKS DIVISION, BENIPATTI, P.S.- BENIPATTI DISTT.- MADHUBANI
8. THE ASSISTANT ENGINEER, RURAL ENGINEERING ORGANIZATION (WORK),
SUB-DIVISION BENIPATTI, P.S.- BENIPATTI, DISTT.- MADHUBANI
9. THE DISTRICT MAGISTRATE, MADHUBANI, P.S.- MADHUBANI, DISTT.-
MADHUBANI
10. THE DEPUTY DEVELOPMENT COMMISSIONER, MADHUBANI, P.S.-
MADHUBANI, DISTT.- MADHUBANI (BIHAR)
11. THE DEPUTY SECRETARY (VIGILANCE), PUBLIC WORK DEPARTMENT,
GOVT. OF BIHAR, PATNA
For the Petitioner: Mr. Gajendra Nath Ojha, Adv.
Mr. Bimal Kumar Singh, Adv.
For the State : Mr. P.K. Verma, A.A.G-XI.
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2/ 09/08/2010 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner was suspended on 12.9.2007 under Rule-9(1)(c) of the Bihar C.C.A. Rules, 2005 ((hereinafter referred to as the ‘Rules’.). Criminal cases have also been instituted against him.
Charges have been framed on 16.7.2009. It is his assertion that he has joined the Head quarters during
the period of suspension.
Learned counsel for the State submits from Rule-10 of the Rules that payment of subsistence allowance is subject to the fulfillment of conditions of Rule-10.
If the petitioner has filed a representation for release of his subsistence allowance, a statutory right, and raises any claim for interest thereupon to the satisfaction of the authorities of his compliance with the statutory provisions, let the representation be considered and disposed in accordance with law within a maximum period of two months from the date of receipt/production
of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)
2 issues framed by the court
Whether the petitioner is entitled to subsistence allowance despite suspension and pending criminal charges.
Whether a statutory right to subsistence allowance must be granted subject to compliance with procedural conditions.
2 provisions across 1 enactments
Uma Shankar Ram
The State of Bihar Through the Principal Secretary, Rural Works Department
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court